New Jersey Statutes 52:7-10.20. Rules and regulations
Terms Used In New Jersey Statutes 52:7-10.20
- Fraud: Intentional deception resulting in injury to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. The State Treasurer shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.) to implement the provisions of P.L.1979, c.460 (C. 52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C. 59:7-10.1 et al.). Any rules and regulations regarding the performance of notarial acts with respect to electronic records shall not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules and regulations may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending, revoking, or otherwise limiting a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts; and
(6) provide for the administration of the examination under section 7 of P.L.2021, c.179 (C. 59:7-10.3) and the course of study under section 6 of P.L.2021, c.179 (C. 59:7-10.2).
b. In adopting, amending, or repealing rules and regulations concerning notarial acts with respect to electronic records, the State Treasurer shall consider, consistent with the provisions of P.L.1979, c.460 (C. 52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C. 59:7-10.1 et al.):
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the Mortgage Industry Standards Maintenance Organization and the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts, as embodied in P.L.1979, c.460 (C. 52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C. 59:7-10.1 et al.); and
(3) the views of governmental officials and entities and other interested persons.
L.2021, c.179, s.29.